NCJ Number
62054
Date Published
1978
Length
128 pages
Annotation
CASES IN 1977 AND 1978 ISSUING IN UNITED STATES SUPREME COURT DECISIONS RELATING TO CRIMINAL LAW ARE DESCRIBED.
Abstract
THE CASES REVIEWED DEAL WITH (1) THE FIRST AMENDMENT--OBSCENITY, COMMERCIAL SPEECH AND ASSOCIATION (SOLICITATION BY ATTORNEYS), ACCESS TO GOVERNMENTAL INFORMATION, AND PRESS; (2) FOURTH AMENDMENT--ATTACK ON VERACITY OF AFFIDAVIT SUPPORTING A WARRANT, EXCLUSIONARY RULE (DISSIPATION OF TAINT OF ILLEGAL SEARCH), USE OF PEN REGISTERS, MINIMIZATION OF WIRETAPS, SEARCH OF NEWSPAPER OFFICE PURSUANT TO A SEARCH WARRANT, SEARCH OF MURDER SCENE NOT AN EXCEPTION (SEARCH WARRANT REQUIRED), SEARCH OF SCENE OF FIRE (STALE SEARCH), AND WARRANT REQUIRED FOR OCCUPATIONAL SAFETY AND HEALTH ACT SEARCH; (3) FIFTH AMENDMENT--JURY INSTRUCTION ON DEFENDANT'S FAILURE TO TESTIFY GIVEN OVER DEFENDANT'S OBJECTION (STATES ARE FREE TO PROHIBIT PRACTICE) AND MINCEY V. ARIZONA (1978); (4) SIXTH AMENDMENT--JURY TRIAL AND RIGHT TO COUNSEL; (5) PLEA BARGAINING--PROSECUTOR'S THREAT IN PLEA NEGOTIATIONS NOT CONSTITUTIONALLY PROHIBITED; (6) DOUBLE JEOPARDY--REVERSAL FOR INSUFFICIENCY OF EVIDENCE, GREENE V. MASSEY (1978), SANABRIA V. UNITED STATES (1978), JEOPARDY ATTACHES WHEN JURY IS SWORN, DISMISSAL OF CHARGES FOR PRE-INDICTMENT DELAY IS WITHOUT JEOPARDY, JUVENILE JUDGE'S REVIEW OF MASTER'S FINDINGS NOT DOUBLE JEOPARDY, TRIAL JUDGE'S DISCRETION IN GRANTING MISTRIAL (BALANCING OF INTEREST TEST), AND TRIAL IN TRIBAL COURT DOES NOT BAR FEDERAL PROSECUTION; (7) PRETRIAL DISCLOSURE OF INFORMATION--INTERNAL REVENUE SERVICE SUMMONS; (8) PRESENTENCING PROCEDURES; (9) EIGHTH AMENDMENT--CRUEL AND UNUSUAL PUNISHMENT AND BACKGROUND TO DEATH PENALTY CASES; (10) RIGHTS OF PRISONERS; (11) COLLATERAL REMEDIES; (12) SPECIFIC OFFENSES--INDIAN LAW AND FEDERAL STATUTES; AND (13) DUE PROCESS. (RCB)